Settlement deed
shanmugman
(Querist) 21 April 2014
This query is : Resolved
Dear Sir,
My Mother has a property in chennai. Me and my brother are the only two sons to my mother. This property is bought by my Mother through her own earnings. My Mother has settled the property to me through settlement deed. I have now approached the bank for loan and the loan is sanctioned and my builder has demolished the building and yet to start construction work. Now my brother is saying that he has right in the property and he will approach the court. Kindly let me know whether a stay order will be issued if my brother approaches the court or the court will settle the case in favour of me due to the settlement deed.
I have approached few lawyers in person in chennai few say the case will be in favour of me due to the settlement deed and few say a stay order can be issued and the rights of the property for my brother can be claimed and hence the construction cannot be progressed. Some even say this case can go for 10 years once a stay order is issued. Kindly advice me.
ajay sethi
(Expert) 21 April 2014
is the gift deed duly stamped and registered? has possession been handed over to you by mother . if so you are absolute owner of property . ultimately you will succeed . court may direct maintenance of staus quo ie no third party rights be created pending final disposal of suit
shanmugman
(Querist) 21 April 2014
Dear Sir,
Settlement deed is duly stamped and registered in the registration office and the property pessesion is handed over to me.
Rajendra K Goyal
(Expert) 21 April 2014
The court may give status quo, you have a good case in your favor.
shanmugman
(Querist) 21 April 2014
Dear Rajendra,
Status Quo means what ? please explain? Also what needs to be done from my side if in case status quo is issued by the court?
Before my brother filing a case against the settlement deed can i produce the settlement deed to the court and say i am going to progress the construction and say that the settlement deed is clear like that?
Rajendra K Goyal
(Expert) 21 April 2014
stay order from court, if your brother file case you would be given full chance to represent you. on knowing the fact of filing the suit, if status quo preyed, your lawyer should oppose the same.
shanmugman
(Querist) 21 April 2014
Before my brother filing a case against the settlement deed can i produce the settlement deed to the court and say i am going to progress the construction and say that the settlement deed is clear like that
Any chance on the above way of approaching the court
shanmugman
(Querist) 21 April 2014
Before my brother filing a case against the settlement deed can i produce the settlement deed to the court and say i am going to progress the construction and say that the settlement deed is clear like that
Any chance on the above way of approaching the court
Rajendra K Goyal
(Expert) 21 April 2014
Without any dispute / suit before the court, court would accept your initiative is doubtful.
shanmugman
(Querist) 22 April 2014
Normally what will be the timelines to arrive at a solution if a dispute is raised in the court and when the settlement deed is produced by me taking into account that my mother is with me and still alive?
what is the winning ratio out of 100 for this type of case in favour of person for whom settlement is given through settlement deed?
Please explain?
shanmugman
(Querist) 22 April 2014
Normally what will be the timelines to arrive at a solution if a dispute is raised in the court and when the settlement deed is produced by me taking into account that my mother is with me and still alive?
what is the winning ratio out of 100 for this type of case in favour of person for whom settlement is given through settlement deed?
Please explain?
ABDUL RAZIQUE
(Expert) 22 April 2014
winning of case depend on material facts and supporting documents. there is no time line frame for stay of a case.
shanmugman
(Querist) 23 April 2014
Based on the settlement deed my bank loan has been sanctioned and iam goingto start the construction so soon and now my brother who is not in india is calling me and telling me that i will go to court.
Can i go to court and say that based on the settlement deed i have started the work and my brother is threatening me through phone call which makes me annoying?
If so what will be the reply from the court?
Advocate. Arunagiri
(Expert) 23 April 2014
It is your property. You have absolute right over it. If your brother is troubling you, you can file a civil case for bare injunction, refraining your brother from interfering into your peaceful possession and rights over the property, which was given by your mother by settlement.
The court will also grant interim injunction to protect your interest.
shanmugman
(Querist) 23 April 2014
Thank you all the experts for your answers.......
shanmugman
(Querist) 28 April 2014
Can i even sell this property to other person? what if my brother files a case that the property is sold? will this case be a valid one considering the fact the property being settled to me through settlemend deed? say a case is filed by my brother what will be impact on me and to the buyer of this land?
ABDUL RAZIQUE
(Expert) 30 April 2014
If your settlement deed is absolutely right according to law then there is no any problem to sold out and may there will be no problem for the purchaser.
T. Kalaiselvan, Advocate
(Expert) 03 June 2014
From the information furnished by you, the settlement deed made your mother in your favor is absolutely valid and you only have full rights over it, your brother cannot claim any right in it especially in the event of the property being your mother's self acquired property over which she has has full rights to dispose it in the manner she desires so. If you apprehend that your brother may try to obtain injunction against you, it is better you file a caveat against your brother at the first instance and follow it up immediately by filing a bare injunction suit against your brother pleading that he is trying to interfere into your peaceful possession of the property. Since the Bankers have already sanctioned loan against the property for development purpose, the bankers would have taken opinion from their legal advisers, hence you can quote this as an evidence to prove that the property is in your absolute possession and enjoyment.
shanmugman
(Querist) 04 June 2014
Thanks Mr.Kalaiselvan Sir for your reply.....
I am infact planning to sell this property to a third party. Once it is selled will there be any problem to the buyer and to me (the seller) if a case is filed against this sale by my brother....
shanmugman
(Querist) 04 June 2014
Thanks Mr.Kalaiselvan Sir for your reply.....
I am infact planning to sell this property to a third party. Once it is sold will there be any problem to the buyer and to me (the seller) if a case is filed against this sale by my brother....
T. Kalaiselvan, Advocate
(Expert) 04 June 2014
My previous opinion on the subject issue stands good for your subsequent query too. Let him file any case against the new buyer or you or against both, the legal status and position of property is the same.
